I have a second blog, Writopia which focuses on Dan Brown's pattern of falsehoods and embellishment of his personal achievements.

Thursday, April 28, 2005

Why Is Ethically Borderline Behavior Necessary?

As the posts previous to this indicate, Random House's filings have contained questionable statements which seem to put in my mouth, words I never said, attributed actions I never took or stated that I did not take actions I provably did.

Those statements seem to violate the ethical standards outlined below and raise the issue of why? Why, if they have a strong case, do they engage in this sort of behavior?

4. Engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.5. Engage in conduct that is prejudicial to the administration of justice.7. Engage in any other conduct that adversely reflects on the lawyer’s fitnessas a lawyer."

Page 60 also has some relevant observations:

"EC 7-26 The law and Disciplinary Rules prohibit the use of fraudulent, false, orperjured testimony or evidence. A lawyer who knowingly participates in introductionof such testimony or evidence is subject to discipline. A lawyer should,however, present any admissible evidence the client desires to have presentedunless the lawyer knows, or from facts within the lawyer’s knowledge shouldknow, that such testimony or evidence is false, fraudulent, or perjured.

"EC 7-27 Because it interferes with the proper administration of justice, a lawyershould not suppress evidence that the lawyer or the client has a legal obligationto reveal or produce. In like manner, a lawyer should not advise or cause a personto hide or to leave the jurisdiction of a tribunal for the purpose of beingunavailable as witness therein"

And then, there is page 63:"DR 7-102 [§1200.33] Representing a Client Within the Bounds of the Law.A. In the representation of a client, a lawyer shall not:

4. Knowingly use perjured testimony or false evidence.5. Knowingly make a false statement of law or fact.6. Participate in the creation or preservation of evidence when the lawyerknows or it is obvious that the evidence is false."